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11.04. Casualty Coverage: Notwithstanding and, as applicable, in addition to the Minimum <br /> Standards, during the Term and any renewal thereof, Lessee shall, at its sole cost and <br /> expense,cause all Improvements on the Leased Premises to be insured to the full insurable <br /> value thereof against the perils of explosion,fire,extended coverage and the like. <br /> 11.05. Indemnity and Security. <br /> a. Indemnity. LESSEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS <br /> LESSOR AND ITS OFFICERS, EMPLOYEES, AGENTS (INCLUSIVE OF <br /> AIRPORT MANAGEMENT) AND REPRESENTATIVES (COLLECTIVELY, <br /> THE "INDEMNIFIED PARTIES"), FROM AND AGAINST ALL COSTS, <br /> EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPENSES <br /> AND COURT COSTS), LIABILITIES, DAMAGES (EXCLUSIVE OF <br /> CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE <br /> DAMAGES), CLAIMS, SUITS, ACTIONS AND CAUSES OF ACTIONS. <br /> ("CLAIMS"), TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY, <br /> OUT OF(i)ANY BREACH OF THIS LEASE BY LESSEE AND ITS AGENTS, <br /> CONTRACTORS, EMPLOYEES, LICENSEES AND INVITEES, <br /> (COLLECTIVELY THE "LESSEE PARTIES"), (ii) ANY FALSE <br /> REPRESENTATION OR WARRANTY MADE BY LESSEE HEREIN, AND <br /> (iii) ANY NEGLIGENT ACT OR OMISSION, GROSS NEGLIGENCE OR <br /> WILLFUL MISCONDUCT OF THE LESSEE PARTIES IN CONNECTION <br /> WITH THIS LEASE,THE CONSTRUCTION,DEVELOPMENT,OPERATION <br /> AND USE OF THE LEASED PREMISES AND USE OF AIRPORT <br /> IMPROVEMENTS. LESSEE IS NOT EXCUSED OR RELIEVED OF ITS <br /> OBLIGATIONS UNDER THIS SECTION IF A CLAIM ARISES OUT OF, OR <br /> IS CAUSED BY, THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE <br /> LESSEE PARTIES CONCURRENT WITH THAT OF THE INDEMNIFIED <br /> PARTIES. LESSEE SHALL ASSUME ON BEHALF OF THE INDEMNIFIED <br /> PARTIES AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH <br /> THE DEFENSE OF ALL CLAIMS AGAINST ANY OF THE INDEMNIFIED <br /> PARTIES. LESSEE MAY CONTEST THE VALIDITY OF ANY CLAIMS, IN <br /> THE NAME OF THE INDEMNIFIED PARTIES OR LESSEE, AS LESSEE <br /> MAY IN GOOD FAITH DEEM APPROPRIATE,PROVIDED THE EXPENSES <br /> THEREOF SHALL BE PAID BY LESSEE. IN NO EVENT MAY LESSEE <br /> ADMIT LIABILITY ON THE PART OF LESSOR OR AIRPORT <br /> MANAGEMENT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT <br /> OF LESSOR'S CITY ATTORNEY. <br /> b. Limitation of Liability. The foregoing and any other indemnity of Lessee herein <br /> shall not be interpreted as requiring Lessee to indemnify any of the Indemnified <br /> Parties from any liability arising solely out of willful misconduct,gross negligence, <br /> breach of this Lease or breach of any strict liability obligations. <br /> C. Waiver of Consequential Damages. EACH PARTY HEREBY WAIVES ANY <br /> AND ALL RIGHTS TO RECOVER ANY CONSEQUENTIAL, INCIDENTAL, <br /> SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES FROM THE OTHER <br /> PARTY, INCLUDING CLAIMS OF PERSONS AND ENTITIES CLAIMING <br /> BY OR THROUGH ANY OF THEM AND OTHER SIMILAR CLAIMS OR <br /> DAMAGES. <br /> 12 <br />